Afasar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38657 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Afasar Alam Son of Sk. Nurshed Alam @ Serajul Resident of village - Beldari, Police Station - Bettiah Muffasil, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Bettiah Muffasil P.S. Case No. 123 of 2025 dated 28.02.2025 instituted for the offence punishable under Sections 303(2), 325, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 11(1)(a) of the Animal Cruelty Act.
3. The prosecution case, in short, is that, on 27.02.2025 at about 12:30 in night, the cow of the informant was stolen by the petitioner along with other accused persons. When the informant searched for his cow then he found his cow at village Beldari. When the informant along with police
Patna High Court CR. MISC. No.38657 of 2025(2) dt.25-06-2025 2/3 personnel reached at the village then he found that his cow was killed by the accused persons and the beef was being sold.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that beef was recovered from the slaughter house of co-accused, Sheikh Sarfaraz, which is apparent from the seizure list. It is further stated that nothing has been recovered either from the conscious possession or from the house of the petitioner. There is no case of any theft against the petitioner. Petitioner is the resident of same village due to which he has been falsely made accused in this case. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bettiah Muffasil P.S. Case No. 123 of 2025, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, District- West
Patna High Court CR. MISC. No.38657 of 2025(2) dt.25-06-2025 3/3 Champaran, subject to condition as laid down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J) Sankalp/- U T